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© Copyright 2001, Jim Loy
Privacy would seem to be a fundamental human right. But it is not exactly found in the U.S. Constitution, or in the Declaration of Independence, or in FDR's four freedoms. Are we really guaranteed a right to privacy?
Let's begin with the 5th Amendment, which says (among other things) that we cannot "be deprived of life, liberty, or property, without due process of law." This restriction upon the federal government is extended to the states by the 14th Amendment. The Supreme Court has also ruled that not only must due process imply proper procedure, but it must also be reasonable (called substantive due process). This all has something to do with privacy. More specific, though, is the 4th Amendment:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Again, the 14th Amendment applies this to the states. This is the main basis for the right to privacy. The courts have applied this to the legality or illegality of wiretapping, police stopping and frisking people, and searches of automobiles. Also, prison inmates essentially have no right to privacy. The 9th Amendment says:
The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people.
In other words, there are other rights not listed in the Bill of Rights. The courts have used all of these (4th, 5th, 9th, and 14th Amendments) in extending us the right to privacy. The Supreme court has added more power to the 5th Amendment by inventing the Exclusionary Rule, that illegally obtained evidence is inadmissible in a court of law. Other rights in the Bill of Rights (free speech, for example) also have privacy implications.
Sex seems to play a large role in the right to privacy. These acts are protected to some extent under the right to privacy:
The Supreme Court has ruled that there is no right to commit homosexual sodomy, however.
The right to privacy has been invoked, in court, to limit or protect certain other specific acts and behaviors.
However, you do not have the right to die (under a right to privacy or otherwise), except when it comes to withdrawal of life-sustaining medical treatment. In particular, the states can ban assisted suicides.
The press can sometimes invade your personal privacy. At one time, people defamed by the press had to show that the publishing was done with malice. Now, it would seem, the press is in trouble if what it prints about private citizens is false.
In 1980, Congress passed the Privacy Protection Act. This would seem to limit the police in searching and seizing evidence from the news media. There have been other privacy protection acts. One protects automobile drivers from unauthorized access to their personal records in state databases. There is also a Children's Online Privacy Protection Act, apparently concerning privacy on the Internet.
One major topic that is closely related to privacy is Identity Theft (see Department of Justice - Identity Theft), in which another person can pretend to be you. This is apparently easy to do. Almost anyone can get your birth certificate, and from there get a Social Security card, driver's license, passport, and just about any other document, in your name. And, of course, such a person can spend huge amounts of money, which you may have to pay. This may ruin your life. Something major must be done about that.